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Case Study- Referendums in Belize
Belize Referendum Act Belize’s government in 1999 passed the Referendum Act which is set up to have the public vote on these issues: · Concerns of "sufficient" national importance · Change to Chapter II of the Belize Constitution which affects the guaranteed fundamental rights and freedom · Any proposed settlement with Guatemala for resolving the Belize/Guatemala Dispute[1] In 2008, the Referendum Act was amended, by the senate, so that a referendum may be called for “the National Assembly passing a resolution declaring an issue to be of sufficient national importance to be submitted to a referendum, or a petition being presented to the Governor General signed by at least ten percent of the registered electors in Belize or by twenty-five percent when it is to be held in a specific district or area, or where any law provides for a referendum on a specific issue or matter and on any proposed settlement for resolving the Belize/Guatemala border dispute. Importantly also, no referendum shall now be valid unless at least sixty percent of the registered electors have cast their votes in a referendum, and any issue the subject of a referendum must receive a majority to succeed.”[2] How Did the Current Referendum Act Come About? Belize’s Constitution included mention of referenda under Powers and Procedures section 88 subsection 13, where the Commission is the Elections and Boundaries Commission, “The Commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith.”[3] A Bill was signed into law in 1999 by the Prime Minister which clarified the Referendum issue. Initially, only the Prime Minister and the Senate could call a referendum and then for only 3 reasons 1) Concerns of national importance 2) Changes to Chapter II of the Belize Constitution (meaning changes to the rights and responsibilities of the people) and 3) anything dealing with the resolution of the Belize/Guatemala dispute. In 2008, the Government proposed an Amendment to the Referendum Act in which it would include an avenue available to the general public to propose their own referendums at various levels, from village to national with certain requirements for legitimacy including “a petition being presented to the Governor General signed by at least ten percent of the registered electors in Belize or by twenty-five percent when it is to be held in a specific district or area.”[4] The amendment was assented to by the Governor General in 2008. Legitimacy of Referendum (Amendment) Act of 2008 In 2008, 4 Belizean voters took the government to court over the Belize Constitution (Sixth Amendment) Bill 2008. The citizens charged that the Government was acting illegally by not holding a referendum for the Sixth Amendment because the 6th Amendment would interfere with other fundamental rights and freedoms held in the Constitution. The Belize Supreme Court dismissed the plaintiffs’ claims about the Sixth Amendment taking away fundamental rights, BUT put the Sixth Amendment into abeyance because the amended Referendum Act was already ratified and thus for Constitutional changes, referendums must be held.5 ---- Referendum Process The Prime Minister and the Senate can both propose referendums if necessary through simple legislation. However, if the public wants to call a referendum, there are several steps which they must follow: 1) Write a Petition to the Governor General with, for a national referendum, signatures of 10% of the eligible voters. To View the Offshore Drilling Referendum Petition (2012), visit http://cayobuay.wordpress.com/2011/09/27/petition-for-a-referendum/ 2) Get Approval of Petitioners by Elections and Boundaries Commission (meaning to ensure the legitimacy of voters) 3) Once approval is received, the Governor General is expected to then issue a writ of referendum which will announce the national referendum, in which all registered voters will be able to vote The Offshore Drilling Referendum was not approved in Belize because the Elections and Boundaries Commission rejected 8,000 voters and thus the Petitioners represented by Oceana- Belize have decided to continue with the Referendum regardless.[6] The Voting Process will be conducted in the following manner: Matura-Shepherd (Vice-President of Oceana Belize) explained that registered voters only will be allowed to vote once but can vote in any polling area. Once a voter has voted in any of the 31 division that they find themselves that day, their name will be entered into the database which will strike out the name to ensure a onetime vote only. Voters will be dipping their fingers in ink as a way to show who has already vote. The process will ensure that the “integrity of the process” is withheld. Matura-Shepherd explained that polls countrywide will be opened as early as 6AM and will remain open as late as 8PM. The time frame will allow for as much time possible for people to participate given the fact the date is not a public and bank holiday.[7] ---- [1] Referendum Act: http://www.belizelaw.org/lawadmin/PDF%20files/cap010.pdf [2]Courtenay & Coye: Attorneys-at-Law http://www.courtenaycoye.com/downloads/140120091054.pdf [3] Belize Constitution of 1981: http://pdba.georgetown.edu/constitutions/Belize/belize81.html [4] Courtenay & Coye: Attorneys-at-Law http://www.courtenaycoye.com/downloads/140120091054.pdf [5] Ibid. [6] Legal Action a possibility without offshore referendum http://edition.channel5belize.com/archives/67147 [7] Electorates to vote in People’s Referendum on offshore oil drilling in Belize''' [http://www.sanpedrodaily.com/ '''http://www.sanpedrodaily.com/]' accessed: 27/02/2012'